(a) The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines within 12 months after the end of the useful life of the facility or individual wind turbines.
(b) The wind energy facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
(c) Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.
(d) Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
(e) An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning (decommissioning costs) without regard to the salvage value of the equipment, the cost of decommissioning net salvage value of the equipment (net decommissioning costs). Said estimates shall be submitted to the City after the first year of operation and every fifth year thereafter.
(f) The facility owner or operator shall post and maintain decommissioning funds in an amount equal to the net decommissioning costs; provided, that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or Federal or State chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business with the state and is approved by the City.
(g) Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the City's Finance Director.
(h) If the facility owner or operator fails to complete decommissioning within the period prescribed by subsection (a) above, then the landowner shall have six months to complete decommissioning.
(i) If neither the facility owner or operator, nor the landowner complete decommissioning within the periods prescribed by subsection (a) and (h) above, then the City may take such measures as necessary to complete decommissioning. The landowner shall reimburse to the City all costs associated with the City's decommissioning of a wind energy facility. Said costs may be certified to the County Auditor as a lien upon the property should the landowner fail to reimburse the City.
(j) The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the City concurs that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan.
(Ord. 25-10. Passed 5-10-10.)